• Home
  • Today
  • Advocacy
  • Forum
Donate
  • login
  • register
Home

They need you!

Forum links

  • Recent changes
  • Member list
  • Search
  • Register
Search Forums
 
Advanced Search
Go to Page...

Resources

  • Do I qualify?
  • In-state tuition
  • FAQ
  • Ways to legalize
  • Feedback
  • Contact us

Join our list

National calendar of events

«  

August

  »
S M T W T F S
 
 
 
 
 
1
 
2
 
3
 
4
 
5
 
6
 
7
 
8
 
9
 
10
 
11
 
12
 
13
 
14
 
15
 
16
 
17
 
18
 
19
 
20
 
21
 
22
 
23
 
24
 
25
 
26
 
27
 
28
 
29
 
30
 
31
 
 
 
 
 
 
 
Sync with this calendar
DAP Forums > Other Topics > Other Topics

Category change

  • View
  • Post new reply
  • Thread tools
#1
04-22-2012, 06:18 PM
Junior Member
Joined in Apr 2012
15 posts
sd09
10 AP
My brother has applied for Permanent Residency for my parents, and they will be getting their greencard (which is the condiction GC. They'll get the permanent one in about 2 years) in about a month. He has also applied for me (under F4).

Would my category change from F4 to F2B after my parents get the greencard? Or Do I have to wait till they get the permanent greencard and then the category changes?
  • Reply With Quote
Post your reply or quote more messages.
sd09
View Public Profile
Send a private message to sd09
Find all posts by sd09
#2
04-22-2012, 07:19 PM
Senior Member
Joined in May 2006
6,569 posts
Ianus's Avatar
Ianus
0 AP
Well,there are some misconceptions,If your brother is a US citizen and your parents in question just overstayed they would gain full permanent residency.The 2 year conditional residency you're talking about only applies to spouses of US citizen who is in a relationship for 2 years or EB5 investors.In order to gain a timeline for F4 you'd need to showcase what your country of origin is.An application[i-130] filed is based on the relationship of the petitioner to beneficiary and thus your relationship with you brother cannot change thus your application neither.Your parents would have to file a new application based on their relationship to you depending on your age and criteria.

Note:You should say what country your family is from,how you and your parents entered the US and what your age is for more detail!!!
__________________
We shall win our Dream!
  • Reply With Quote
Post your reply or quote more messages.
Ianus
View Public Profile
Send a private message to Ianus
Find all posts by Ianus
#3
04-23-2012, 11:42 AM
Moderator
From Illinois/Florida
Joined in Jul 2009
2,219 posts
buckminsterfullerene's Avatar
buckminsterfullerene
270 AP
Quote:
Originally Posted by Ianus View Post
Well,there are some misconceptions,If your brother is a US citizen and your parents in question just overstayed they would gain full permanent residency.The 2 year conditional residency you're talking about only applies to spouses of US citizen who is in a relationship for 2 years or EB5 investors.In order to gain a timeline for F4 you'd need to showcase what your country of origin is.An application[i-130] filed is based on the relationship of the petitioner to beneficiary and thus your relationship with you brother cannot change thus your application neither.Your parents would have to file a new application based on their relationship to you depending on your age and criteria.

Note:You should say what country your family is from,how you and your parents entered the US and what your age is for more detail!!!
Yeah that was confusing me as well.

My sister petitioned my parents as a US Citizen, they got their permanent residence in about 4 months, typical time frame seems to be about 8 months.

As Ianus mentioned, age plays a big factor in this entire thing.

If you are under 18 before your parents attain PR Status, then you should be find, if you are over 18 then your parents would have to attain US Citizen status before you are 21, which might not be feasible considering typical wait time between attaining PR status and being able to apply for US Citizen status is 5 years (there are a few exceptions to this, I would imagine military service is one category that tends to speed up the process, but not sure).

If you are an overstay and your brother is petitioning you, unless you are grandfathered under 245i (which would imply someone petitioned for you or your parents and they mentioned you in that petition, whatever it is, you must have been mentioned in a petition before April of 2001), then you will have to leave back to your country of birth which would enact the 10 years ban if you have been undocumented for more than a year over the age of 18? (or was it 18.5, someone confirm this), being undocumented within 1 year from your 18th birthday results in a ban of 3 years, and being under 18 you are able to leave and be petitioned, however the latter would not matter if your parents become Permanent Residents before than so I am assuming you are over 18.

So you and I find ourselves between a rock and a hard place. My sister could try to petition me and I would probably fall into that category but the process is very long and I would have to leave, regardless, the immigration law no longer considered me an immediate relative of my parents and its that single definition, the fact that they use children and after 18 we become son and daughters that causes all this turmoil, and forces people to leave and be banned from the country they grew up in.
  • Reply With Quote
Post your reply or quote more messages.
buckminsterfullerene
View Public Profile
Send a private message to buckminsterfullerene
Find all posts by buckminsterfullerene
#4
04-23-2012, 05:28 PM
Junior Member
Joined in Apr 2012
15 posts
sd09
10 AP
Quote:
Originally Posted by Ianus View Post
Well,there are some misconceptions,If your brother is a US citizen and your parents in question just overstayed they would gain full permanent residency.The 2 year conditional residency you're talking about only applies to spouses of US citizen who is in a relationship for 2 years or EB5 investors.In order to gain a timeline for F4 you'd need to showcase what your country of origin is.An application[i-130] filed is based on the relationship of the petitioner to beneficiary and thus your relationship with you brother cannot change thus your application neither.Your parents would have to file a new application based on their relationship to you depending on your age and criteria.

Note:You should say what country your family is from,how you and your parents entered the US and what your age is for more detail!!!
Oh ok. So the GC that my parents will get is their permanent GC then?

Family is from India. Parents entered with L1 visa, but overstayed. My age is above 21. My brother has filed the I-130 form, but my priority date is sometime in February of this year. And I checked the visa bulletin, and they are working on people whose priority date is sometime in 2000.

So that's why I was wondering if after my parents get the GC, can they reapply for me? Or will I have to wait till they become US citizens?
  • Reply With Quote
Post your reply or quote more messages.
sd09
View Public Profile
Send a private message to sd09
Find all posts by sd09
#5
04-23-2012, 09:00 PM
Senior Member
Joined in May 2006
6,569 posts
Ianus's Avatar
Ianus
0 AP
Once they become permanent residents they may file for you.The category would be F2b but no adjustment interview can be done on US soil until the parents become US citizens and update the application so the overstay could be forgiven.
__________________
We shall win our Dream!
  • Reply With Quote
Post your reply or quote more messages.
Ianus
View Public Profile
Send a private message to Ianus
Find all posts by Ianus


« Previous Thread | Next Thread »

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Contact Us - DREAM Act Portal - Archive - Top
Powered by vBulletin®
Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.